Louis Grotto v. Victor Herbert, Superintendent, Collins Correctional Facility

KEARSE, Circuit Judge.

Respondent Victor Herbert, superintendent of New York State’s Collins Correctional Facility (the “State”), appeals from a judgment of the United States District Court for the Northern District of New York, David N. Hurd, Judge, granting petitioner Louis Grotto (“Grotto”) a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the ground that the state trial court deprived him of due process when it denied his motion, after he had rested his case, for permission to reopen and for a continuance in order to present additional evidence. The district court ordered the State…